Section 21710 - SWRCB - Report Of Waste Discharge (ROWD) and Other Reporting Requirements. [C15: s2590] (California Code of Regulations)

§ 21710. SWRCB - Report Of Waste Discharge (ROWD) and Other Reporting Requirements. [C15: s2590]

(a) General -Any person discharging or proposing to discharge solid waste to land where water quality could be affected as a result of such discharge shall submit to the RWQCB a report of waste discharge (ROWD), unless the report is waived by the RWQCB; nevertheless, the RWQCB shall not waive the report for any MSW landfill subject to regulation under SWRCB Resolution No. 93-62. After July 18, 1997, any person proposing to discharge solid waste at a waste management unit (Unit) that is subject to regulation by both the CIWMB/EA and the RWQCB shall make all ROWD submittals (including updates to a previously submitted ROWD) in the form of a Joint Technical Document (JTD), as provided in s21585. After July 18, 1997, this reporting requirement also applies to the expansion of the RWQCB-Permitted Area of a new or existing Unit and to the development of new Units at an existing facility. Dischargers shall submit any applicable information required by this article to the RWQCB upon request. Dischargers shall provide information on waste characteristics, geologic and climatologic characteristics of the Unit and the surrounding region, installed features, operation plans for waste containment, precipitation and drainage controls, and closure and post-closure maintenance plans as set forth in ss 21740, 21750,21760, and 21769. For non-MSW Class III landfills, the RWQCB can waive the submittal of information it deems unnecessary to rendering a decision on the issuance of appropriate WDRs.

(1) [Reserved.]

(2) Final Closure/Post-Closure Plan -For Class II and III Units, a Final Closure and Post-Closure Maintenance Plan shall be submitted with the closure notice required by ¶(c)(5), unless, for landfill Units, the CIWMB requires submittal at an earlier date.

(3) Waiving Post-Closure Maintenance -The RWQCB can waive the post-closure portion of the report if the discharger successfully completes clean-closure pursuant to s21090(f) [for landfills], s21400(b)(1) [for surface impoundments], or s21410(a)(1) [for waste piles], or if the RWQCB finds that post-closure maintenance is not necessary to prevent adverse impacts on waters of the state; provided that the RWQCB shall not waive post-closure maintenance for an MSW landfill subject to SWRCB Resolution No. 93-62 unless the Unit has been clean- closed. [Note: see also s21900 for corresponding CIWMB requirements.]

(4) Notification of Change -The discharger shall notify the RWQCB of changes in information submitted under the applicable SWRCB-promulgated requirements of this division, including any material change in: the types, quantities, or concentrations of wastes discharged; site operations and features; or proposed closure procedures, including changes in cost estimates. The discharger shall notify the RWQCB a reasonable time before the changes are made or become effective. No changes shall be made without RWQCB approval following authorization for closure pursuant to the site closure notice required by ¶(c)(5).

(5) Construction Quality Assurance Plan (CQA Plan).

(A) Submittal (new Units) -For Units constructed (or reconstructed) after July 18, 1997, the discharger shall submit a preliminary CQA Plan as an integral or separable part of the initial ROWD/JTD under ¶(a). The discharger shall make such changes to the CQA Plan as may be necessary to maintain continued compliance with ss 20323 and 20324 (e.g., in the event of design changes, or as directed by the RWQCB). For a revised CQA Plan, the discharger shall submit the revised portions of the plan at least two weeks before beginning construction of any liner system or cover system.

(B) Submittal (existing Units) -For existing Units that do not have a CQA Plan meeting all the foregoing requirements, the discharger shall submit such a plan, or submit suitable modifications to an existing plan, prior to constructing, installing, or modifying any engineered feature at the Unit. In the absence of such construction, installation, or modification, the discharger shall make this submittal as part of whichever of the following documents is submitted first:

1.the final closure and post-closure plan under ¶(a)(2); or the event that a release is discovered, as part of the proposed corrective action program under s20425(d).

(b) ROWD/WDR Out-Of-Date or Nonexistent -Dischargers who own or operate a new or existing Unit which has not been classified under previous versions of these regulations, or for which the discharger has not submitted a report of waste discharge (ROWD) before July 18, 1997, shall notify the RWQCB of the existence of their Unit prior to July 18, 1998 and shall submit a ROWD which complies with ¶(a) before July 18, 1999, together with the appropriate filing fee. Dischargers who own or operate an existing Unit for which WDRs were last revised before November 27, 1984, shall submit a ROWD which complies with ¶(a) to the RWQCB, together with the appropriate filing fee, on request.

(c) Notification.

(1) Change of Ownership -The discharger shall notify the RWQCB in writing of any proposed change of ownership or responsibility for construction, operation, closure, or post-closure maintenance of a Unit. This notification shall be given prior to the effective date of the change and shall include a statement by the new discharger that construction, operation, closure, and post-closure maintenance will be in compliance with any existing WDRs and any revisions thereof. The RWQCB shall amend the existing WDRs to name the new discharger.

(2) Response to Failure -The discharger shall promptly notify the RWQCB of any slope failure, occurring at the Unit. The discharger shall promptly correct any failure which threatens the integrity of containment features or the Unit, after approval of the method, in accordance with a schedule established by the RWQCB.

(3) Leachate Production Change Notification -The discharger shall notify the RWQCB within seven days if fluid is detected in a previously dry leachate collection and removal system or unsaturated zone monitoring system, or if a progressive increase is detected in the volume of fluid in a leachate collection and removal system.

(4) Monitoring Reports and Notifications -The discharger shall comply with the notification (and other submittal) requirements in Article 1, Subchapter 3, Chapter 3 of this division (s20380 et seq.).

(5) Notification of Closure.

(A) Landfills -For landfills subject to the CIWMB-promulgated regulations of this division, the discharger shall notify the RWQCB that the Unit is to be closed, and shall provide such notice either at the same time as for the CIWMB, under s21110, or 180 days prior to beginning any final closure activities (for the entire Unit or portion thereof), whichever is sooner.

(B) Other Units -For Units not subject to the CIWMB-promulgated regulations of this division, the discharger shall notify the RWQCB of Units to be closed at least 180 days prior to beginning any final closure activities, unless the RWQCB specifies a shorter interval in the WDRs for such a Unit.

(C) Affirmation -The notice provided pursuant to ¶(c)(5)(A or B) shall include a statement that all closure activities will conform to the most recently approved closure plan and that the plan provides for site closure in compliance with all applicable federal and state regulations.

(6) Closure Completion Notice -The owner or operator of a Unit shall notify the RWQCB within 30 days after the completion of all closure activities for a Unit [or portion thereof, in the case of a landfill undergoing incremental closure under s21090(b)(1)(D)]. The discharger shall certify under penalty of perjury that all closure activities were performed in accordance with the most recently approved final closure plan and in accordance with all applicable regulations. The discharger shall certify that closed Units shall be maintained in accordance with an approved post-closure maintenance plan unless post-closure maintenance has been waived pursuant to ¶(a)(3).

(d) Appropriate Professional -Any report submitted under this section or any amendment or revision thereto which proposes a design or design change (or which notes occurrences) that might affect a Unit's containment features or monitoring systems shall be approved by a registered civil engineer or a certified engineering geologist.

(1. New article 4 (sections 21710-21760) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)

Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13267, Water Code; and Section 43103, Public Resources Code.

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